Common use of Deficiency Clause in Contracts

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection and reasonable attorneys’ fees and disbursements. Any surplus remaining after the full payment and satisfaction of the Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 4 contracts

Samples: Pledge Agreement (HSN, Inc.), Credit Agreement (HSN, Inc.), Pledge Agreement (HSN, Inc.)

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Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 25 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 3 contracts

Samples: Pledge Agreement (Armstrong World Industries Inc), Pledge Agreement (Armstrong World Industries Inc), Pledge Agreement (Armstrong World Industries Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate default rate specified in Section 2.9 of the Credit Agreement for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 3 contracts

Samples: Pledge Agreement (Galey & Lord Inc), Pledge Agreement (Galey & Lord Inc), Pledge Agreement (Galey & Lord Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate default rate specified in Section 3.1 of the Credit Agreement for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 3 contracts

Samples: Credit Agreement (Cluett Peabody & Co Inc /De), Credit Agreement (Vestar Sheridan Inc), Credit Agreement (Insight Health Services Corp)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the ABR Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 2 contracts

Samples: Pledge Agreement (Armor Holdings Inc), Credit Party Pledge Agreement (Riviera Holdings Corp)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate provided in Section 3.1 of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the appropriate Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 2 contracts

Samples: Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Secured Creditors are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Senior Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 2 contracts

Samples: Intercreditor and Collateral Agency Agreement (Ruby Tuesday Inc), Pledge Agreement (Ruby Tuesday Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate set forth in Section 4.2 of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 2 contracts

Samples: Pledge Agreement (Wolverine Tube Inc), Pledge Agreement (Wolverine Tube Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 24 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansRate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 2 contracts

Samples: Pledge Agreement (Kraton Performance Polymers, Inc.), Pledge Agreement (Kraton Polymers LLC)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate default rate specified in Section 3.1 of the Credit Agreement for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 2 contracts

Samples: Credit Agreement (Vestar Sheridan Inc), Pledge Agreement (Simcala Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate specified in Section 2.10 of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Integrated Defense Technologies Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection and reasonable attorneys’ fees and disbursements. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Directv Financing Co Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations are Lender is legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansspecified in the Financing Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Lender to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Stock Pledge Agreement (Crown Crafts Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate specified in Section 2.08 of the Credit Agreement for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Ardent Health Partners, LLC)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof), together with interest thereon at as provided in Section 4.01 of the Default Rate for Revolving Loans that are Base Rate LoansIndenture, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Collateral Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Unifi Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations are Lender is legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate provided in Section 2.11(b) of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Lender to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the appropriate Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Hadron Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate specified in Section 2.7 of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Sleepmaster LLC)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Holders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)PLEDGE AGREEMENT deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, 11 7/8 % per annum and together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Collateral Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Usc May Verpackungen Holding Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate default rate specified in Section 3.1 of the Credit Agreement for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Credit Agreement (Delta Woodside Industries Inc /Sc/)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate specified in Section 2.4 of the Term Loan Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Stock Pledge Agreement (Infocrossing Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursements(including the allocated cost of internal counsel). Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (School Specialty Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors Pledgor shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansrate of interest applicable thereto pursuant to Section 2.10(b) of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Administrative Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (GateHouse Media, Inc.)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or and the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansspecified in Section 3.1 of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Collateral Agent or any Lender to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (PRG Schultz International Inc)

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Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (deficiency, and subject to Section 26 hereof)2.1 of the Credit Agreement, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Unifi Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate default rate specified in Section 3.1 of the Credit Agreement for Revolving Loans that are Base Rate Loans, Loans and together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (American Medical Systems Holdings Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Ptek Holdings Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Parties are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof25), together with interest thereon at the Default Rate specified in the Credit Agreement for Revolving Loans that are Base Rate Loans, together with the reasonable costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned promptly to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Bioreliance Corp)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Creditors are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 23 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansInterest rate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Ruby Tuesday Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations are Lender is legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for default rate specified in Section 3.01 of the Revolving Loans that are Base Rate LoansCredit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Lender to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Applied Analytical Industries Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate specified in Section 2.4 of the Acquisition Loan Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Stock Pledge Agreement (Infocrossing Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Obligations Secured Creditors are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 22 hereof)) for the deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate LoansInterest rate, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsexpenses. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Ruby Tuesday Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Holders are legally entitled, the Pledgors Pledgor shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansrates set forth in the Indenture and/or the Notes, as applicable, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Collateral Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Telex Communications Intermediate Holdings LLC)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors Pledgor shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Amerigroup Corp)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Administrative Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and reasonable attorneys’ fees Attorney Costs in the manner and disbursementsto the extent provided in Section 11.04 of the Credit Agreement. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Fti Consulting Inc)

Deficiency. In the event that the proceeds Proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable costs of collection and reasonable attorneys’ fees and disbursements. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Rehabcare Group Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Secured Obligations are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 25 hereof), together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loans, together with reasonable the costs of collection and reasonable attorneys’ fees and disbursementsAttorney Costs. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Amerigroup Corp)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or and the holders of the Obligations Lenders are legally entitled, the Pledgors shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate for Revolving Loans that are Base Rate Loansdefault rate set forth in Section 4.2(b) of the Credit Agreement, together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Pledge Agreement (Nacco Industries Inc)

Deficiency. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Collateral Agent or the holders of the Obligations Lenders are legally entitled, the Pledgors Pledgor shall be jointly and severally liable for the deficiency (subject to Section 26 hereof)deficiency, together with interest thereon at the Default Rate default rate specified in SECTION 3.1 of the Credit Agreement for Revolving Loans that are Base Rate Loans, Loans and together with reasonable the costs of collection and the reasonable attorneys’ fees and disbursementsof any attorneys employed by the Collateral Agent to collect such deficiency. Any surplus remaining after the full payment and satisfaction of the Pledgor Obligations shall be returned to the Pledgors Pledgor or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

Appears in 1 contract

Samples: Holdings Pledge Agreement (Medical Staffing Network Holdings Inc)

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